Administrative Rules of Montana
Department 20 - CORRECTIONS
Chapter 20.12 - RESTITUTION
Subchapter 20.12.1 - Collection and Disbursement
Rule 20.12.111 - DEPARTMENT PAYMENTS TO VICTIMS

Universal Citation: MT Admin Rules 20.12.111

Current through Register Vol. 6, March 22, 2024

(1) The department shall disburse victim restitution fund balances greater than $25 at least monthly. The department shall disburse fund balances of $25 or less on a quarterly basis.

(2) If the judgment does not specify the timing or sequence in which multiple victims are to receive restitution, the department shall pay victims by the most equitable method determined in the discretion of the department, following these general guidelines:

(a) for multiple restitution obligations of less than $500, the department shall distribute restitution payments in the order listed in the judgment until each victim's restitution is paid in full;

(b) for multiple restitution obligations greater than $500, the department shall distribute restitution payments to all individual victims on a prorated basis; and

(c) the department shall pay the crime victim compensation program, then any state or local government agency after all individual victims have received full restitution.

(3) If the offender owes restitution to victims in more than one judgment, in order of the date of the judgment, the department shall pay all victims in a prior judgment before addressing the obligations of a subsequent judgment.

(4) If the department is unable to locate a victim with an outstanding restitution obligation, the department shall forward the full amount of restitution to the Montana department of revenue to hold in an abandoned property account.

46-18-241, MCA; IMP, 46-18-241, 46-18-244, MCA;

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